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BOCC Minutes 07-21-08 Print
Board of Commissioners - Minutes

HAYWOOD COUNTY COMMISSIONERS
REGULAR MEETING – July 21, 2008

 

CALL TO ORDER

Chairman Larry R. Ammons convened the regular meeting of the Haywood County Board of Commissioners at 5:00 p.m. in the County Commissioners’ Meeting Room at the Haywood County Justice Center, Waynesville, North Carolina, with Chairman Larry R. Ammons, Vice-Chairman J.W. “Kirk” Kirkpatrick, III, Commissioners Mary Ann Enloe, Charles “Skeeter” Curtis and Bill L. Upton present. Staff members present were County Manager David B. Cotton, Assistant County Manager Marty Stamey, County Attorney Leon M. “Chip” Killian, III, Public Information Officer David Teague, Finance Director Julie Davis, and Administrative Assistant Rebecca Morgan.

  PLEDGE OF ALLEGIANCE

Chairman Ammons led the Pledge of Allegiance.

Commissioner Upton offered the invocation.

 

PUBLIC HEARING

Rural Operating Assistance Program (ROAP)

Susan Anderson, Haywood Public Transit Director, explained that the Rural General Public (RGP) Program funds are intended to provide transportation service to individuals who are not human service agency clients. The period of performance for Rural Operating Assistance Program (ROAP) funds is July 1st, 2008 through June 30th, 2009. The Fiscal Year 2009 (FY09) ROAP individual program totals are: 

PROGRAM                TOTAL

EDTAP                        $  87,729

EMP                            $  19,089

RGP                            $  86,316

TOTAL                       $193,134        

Chairman Ammons inquired as to the impact of the increase cost of fuel cost. Ms. Anderson stated that the funds received are designated for fares and are applied to the total revenue. Commissioner Upton inquired if funds could be transferred between the three programs.  Ms. Anderson replied that funds cannot be transferred. Commissioner Curtis asked if the fares were consistent for everyone using the transit system. Ms. Anderson replied that it is not a flat rate. Since the transit system is positioned in zones, fares are set according to the zone being traveled. Citizens may travel to Asheville for six dollars, one way.

Chairman Ammons opened to the public hearing for public comments. No one approached the Board.

Commissioner Enloe suggested that the Board of County Commissioners travel via the public transit system in a “ride-along”. Ms. Anderson agreed that Commissioners are welcome to travel the system.

Chairman Ammons closed the public hearing. Chairman Ammons explained that the deadline to file the application is this week. Chairman Ammons requested a motion to suspend rules in order to vote on the grant application.

Commissioner Enloe made a motion to suspend the rules because of the timeframe. Commissioner Upton seconded and the motion carried unanimously.

Commissioner Enloe made a motion to approve and authorize the execution of this grant application. Commissioner Upton seconded and the motion carried unanimously.

 

HAYWOOD REGIONAL MEDICAL CENTER UPDATE 

Al Byers, Interim Chief Executive Officer (CEO) of HRMC, approached the Board. Mr. Byers reported that HRMC has hired a total of 117 employees since June 15th, 2008, including thirty-nine registered nurses. HRMC now has a new Human Resources Director, Director of Intensive Care Unit (ICU) and Telemetry, Director of Cardio-Pulmonary Services, and a Director of Nursing Education. The projected cash for July 2008 is $3.2 million. Projected cash for August is $4 million. The projected reserve at the end of July 2008 is $2 million. HRMC has received a check from Medicaid. After being recertified, the first two payments received from Medicaid and Medicare must be via paper. HRMC is on the platform for Medicare and is expecting a payment July 29th, 2008.  Presently, HRMC is serving fifty-eight patients. Mr. Byers stated that the Future Directions Committee is meeting July 22nd, 2008. The Chief Executive Officer (CEO) Search Committee is interviewing two applicants this week. The Hospital Authority Board of Commissioners will meet on July 24th, 2008.

Vice-Chairman Kirkpatrick asked for clarification for being “on the platform” for payment by Medicare. Mr. Byers stated that “on the platform” means that information is on the computer system at the Medicare office, and is going through the process for payment. This information is reviewed by HRMC each day.  Vice-Chairman Kirkpatrick inquired if after the first check is received from Medicare, will HRMC receive checks daily. Mr. Byers explained that typically Medicare sends wire transfers on Tuesdays. Commissioner Curtis inquired as to how can HRMC be a not-for-profit organization and have $20 million in reserves. Mr. Byers stated revenue spikes require money in reserves in order to insure that payroll is met, to enable the hospital to purchase major equipment needed for patient care and continue upkeep of the facility.  Commissioner Enloe inquired as to the number of employees who are within five or ten years until retirement. Mr. Byers does not have the answer at this time, but will be receiving this information from the department heads as part of the budgeting process. Commissioner Enloe stated the importance of taking care of the hospital employees, especially in regards to their retirement. Commissioner Upton inquired as to the amount of the anticipated check that will be received on July 29th. Mr. Byers replied that HRMC billed out $4 million and they expect to receive between $1.7 and $2 million in the first Medicare payment. Chairman Ammons inquired as to the $300,000 in sales tax from the State of North Carolina. Mr. Byers stated that HRMC has not received the check at this time. Chairman Ammons asked about the ICU. Mr. Byers stated that presently four patients can be accepted in the ICU. Some new employees are  going through orientation. Mr. Byers stated that he expects the ICU will expand within days.  Chairman Ammons asked if HRMC would be up to full staffing by October 2008. Mr. Byers stated that HRMC should be up to full staffing earlier than October 2008.

PUBLIC COMMENTS

Chairman Ammons opened the public comment session. Comments are generally limited to three minutes per individual, unless the speaker is representing a group for which the comment period may be extended to five minutes.

Marilyn Simon commented on the importance to spay and neuter pets. Ms. Simon stated that she read in the “Citizen-Times” that Buncombe County and the City of Asheville have mandatory spay and neuter laws. Ms. Simon expressed her support for mandatory spay and neuter laws.

Being no other comments Chairman Ammons closed the public comments session.

CONSTITUENT CONCERNS

Chairman Ammons inquired if the Board of County Commissioners had any constituent concerns. There were none.

 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA

Chairman Ammons inquired if the Board members had any adjustments to be made to the agenda. There were no adjustments.

CONSENT AGENDA

Vice-Chairman Kirkpatrick made a motion to approve the consent agenda as presented. Commissioner Upton seconded and the motion carried unanimously.

  • Approve Minutes of July 7th, 2008 Regular Meeting
  • Approval of June 2008 Refunds, Releases, Discoveries and Amendments as

               presented by Judy Ballard, Tax Assessor

Budget Amendments – Julie Davis, Finance Director

  • Board of Elections – Help America Vote Act (HAVA) grant – reallocation to 2008-2009 fiscal year – To appropriate the amount for warehouse security for the new voting area at the administration building and the IT related networking improvements. This will be funded by the 2008 Special HAVA grant - $37,593
  • Economic Development – Repairs to Beaverdam Industrial Park from settlement. To appropriate the amount to cover the planting of trees and grinding of existing stumps and log removal at the Beaverdam Industrial Park. Proceeds of settlement to cover the cost - $5,000
  • Haywood County Schools:

    1.
    Fluorescent lighting for both high schools
 - Request for approval for project - $43,500 to come from lottery

            fund

- Budget amendment for lighting project – To appropriate the amount requested by the school board for replacement lighting at both the county high school gyms

2. Resurfacing parking lot at Pisgah High School

 - Request for approval for project - $48,000 with $36,000 to come from ADM Capital Fund and $12,000 from County match

- Budget amendment for parking lot project

3. Budget amendment – Astroturf project $30,000 from contingency - To appropriate the amount requested by the school board to resurface one of the parking lots at Pisgah High School. ADM funding requires a 25% county match

 

OLD BUSINESS

GOOD SAMARITAN CLINIC LEASE AGREEMENT

Norm Yearick, former Director of the Good Samaritan Clinic, presented a request to have a lease revert prior to PSC MedSupply signing the agreement, so that Good Samaritan Clinic may continue to use the space. PSC MedSupply had been leasing a portion of the Annex III building. County Attorney Killian advised that he will make an amendment to the lease agreement and present it for consideration at the next regular Board meeting, August 4th, 2008.

REVISED ANIMAL CONTROL ORDINANCE

Jean Hazzard, Haywood Animal Control Director, presented the proposed revised Haywood County Animal Control ordinance. A public hearing was held June 16th, 2008. Chairman

Commissioner Curtis made a motion to adopt the revised Animal Control Ordinance and authorize the execution. Commissioner Enloe seconded and the motion carried unanimously.

Commissioner Curtis stated that Buncombe County and the City of Asheville have mandatory spay and neuter laws. Commissioner Curtis suggested that in the future, Haywood County should consider such laws. David Cotton, County Manager, confirmed that the updated Animal Ordinance will be effective as of today, July 21st, 2008.

The revised Animal Control Ordinance will be posted on the Haywood County website, www.haywoodnc.net, and placed in the ordinance books.

 

TIRE DISPOSAL CONTRACT

Stephen King, Solid Waste Director, presented two bids received for used tire disposal.

Vice-Chairman Kirkpatrick made a motion to continue with the contractor, Millsap’s and Sons to take care of our tire disposal. Commissioner Enloe seconded and the motion carried unanimously.

Chairman Ammons inquired as to the length of the contract. Mr. King replied that the proposal was a three year contract with possibly two one-year extensions, giving it possible five year time period.

SOLID WASTE FEE SCHEDULE

David Cotton, County Manager, presented the solid waste fee structure for fiscal year 2008-2009 (FY08-09). Mr. Cotton stated that the proposed solid waste fee structure picks up and includes the current fee rates. The proposed changes would increase the household fee from $60 to $65, and per ton from $50 to $55.

Commissioner Upton made a motion that the fee schedule be adopted and implemented. Vice-Chairman Kirkpatrick seconded and the motion carried unanimously.

 SOLID WASTE ORDINANCE PROPOSED CHANGES (Business Availability Fee) 

David Francis, Tax Administrator and Stephen King, Solid Waste Director presented options for a proposed business availability fee. Mr. Francis explained that as of July 1st, 2008, the State imposed an excise tax for two dollars per ton for waste. Within the current year there is a need to expand the White Oak Landfill at a cost of $4.2 million and the conversion of the material recovery facility at $3.8 million. Approximately fifty percent of the solid waste generated in Haywood County is commercial. The remaining forty-seven percent is produced by approximately 32,000 households. Presently, residents pay a fee to towns or private haulers. Businesses do not pay an availability fee at this time. Proposed options have been considered for business availability fees. Mr. Francis explained that a committee will meet on an as-needed basis to allow for an appeals process. After discussion, the Board and Mr. Francis determined that option four was the most feasible and fair proposal for businesses. Chairman Ammons expressed his concern for area restaurants that are only open six months a year and the requirement to pay the same as those restaurants opened twelve months.

Chairman Ammons made a motion to adopt option number four. Vice-Chairman Kirkpatrick seconded the motion, but added that the Board re-visit this issue prior to the establishment of the budget for 2009. Chairman Ammons suggested reviewing this item in three months. Mr. Francis stated that the fees will appear in September 2008, when the tax bills are sent. More accurate information would be available by November 2008. The motion carried unanimously.

Mr. Francis stated that Haywood County wants to develop a comprehensive recycling program in conjunction with the municipalities.

Option #4

Large Volume Businesses

Apparel - 6 times the Household Equivalent

Convenience Stores - 6 times the Household Equivalent

Department Stores  - 12 times the Household Equivalent

Grocery Stores

Small - 6 times the Household Equivalent

Large - 12 times the Household Equivalent

Manufacturing - 12 times the Household Equivalent

Restaurants

Seating Capacity 51 and above - 12 times the Household Equivalent

Seating Capacity 1 to 50 - 6 times the Household Equivalent

Hotels, Motels, Cottages, Inns, Bed Breakfast and Retreat Centers

All hotels, motels, cottages, inns and any business engaged as a Bed and Breakfast pay a $15.00 per unit availability fee. This availability fee would include all hotels, motels, inns and cottages owned and operated as a retreat center.

Storage Units

All businesses engaged and available as a self storage unit or any storage unit pay a $15.00 per unit availability fee.

Campgrounds

All campgrounds that have vacant hook-ups for rent or lease that do not have a camper permanently located on it would pay a $15.00 availability fee per site.

Hospitals, Nursing Homes and Rehabilitation Centers

All hospitals, nursing homes and rehabilitation centers and any business engaged as a similar business pay a $15.00 per room availability fee. This availability fee would include all not for profits or nonprofit health providers.

All Other Businesses Based on Employees as Follows:

5 or less employees (One times household fee - $65)

6-15 employees (Four times household fee - $260)

16 or more employees (Six times household fee - $390)

 

BOARD APPOINTMENTS – Maggie Valley Zoning Board of Adjustments

David Cotton, County Manager, stated that the Maggie Valley Zoning Board of Adjustments has one vacancy. The Town of Maggie Valley has submitted the name of Connie Dennis for reappointment to serve a three year term.

Vice-Chairman Kirkpatrick made a motion to appoint Connie Dennis to the Maggie Valley Zoning Board of Adjustments. Commissioner Enloe seconded and the motion carried unanimously

Appointments to the Maggie Valley Zoning Board of Adjustments are made by the Board of County Commissioners when the member lives in the extra territorial jurisdiction. Chairman Ammons requested that Mr. Cotton confirm the residential area of Ms. Dennis.


NEW BUSINESS
             

Wildlife Weekend Show

Troy Carroll, with the Western North Carolina Sportsman’s Club, explained that the Western North Carolina Sportsman’s Club held a Wildlife Weekend with one gun dealer. Mr. Carroll  presented a request for a waiver to the Firearms Ordinance for the Wildlife Weekend show in 2009 in order for the Western North Carolina Sportsman’s Club be permitted to sell good quality used guns during the show. David Cotton, County Manager, stated that he would review the Firearms Ordinance. Chairman Ammons confirmed that this agenda item be included on the agenda for the next regular Board meeting, August 4th, 2008.

Memorandum of Understanding (MOU) Proposed Revisions

Bruce Briggs, Chairman of the History Book Committee, presented the MOU between Haywood County and the Historical Society of Haywood County, dated June 19th, 2006, indicating that the Historical Society of Haywood County would complete all project expenditures by December 31, 2008, unless extended by mutual agreement. Mr. Briggs presented a request to amend the date of completion for the history book until June 2009, with a book signing scheduled for July 4th, 2009, by the Board of County Commissioners.  County Attorney Killian advised that he would amend the MOU and return it to the Board at the next regular meeting, August 4th, 2008.

Recess

Chairman Ammons called for a brief recess.

Historical Value of Old Haywood County Hospital

Upon returning from recess, Shawn Leatherwood, Architect, approached the Board regarding preserving the old Haywood County Hospital as a historic landmark. Mr. Leatherwood reviewed some of the concerns for restoration of the building and requested that the Board explore the possibilities for using the old Haywood County Hospital. Mr. Leatherwood advised that he spoke to the Division of Archives in Raleigh and believes that the original portion of the old hospital would qualify for the national registry.

Excused Absence for Vice-Chairman Kirkpatrick

Vice-Chairman Kirkpatrick left the meeting at 6:45 pm. Chairman Ammons announced that Vice-Chairman Kirkpatrick left in order to attend the Future Directions Committee for Haywood Regional Medical Center. David Cotton, County Manager, stated that as a point of procedure, the Board may consider to formally vote to excuse Vice-Chairman Kirkpatrick, or else, by default, he would be counted as an affirmative vote for all action taken until the end of the meeting.

Commissioner Enloe made a motion to excuse Vice-Chairman Kirkpatrick. Commissioner Upton seconded and the motion carried unanimously.

Setback Requirements Proposal

Chairman Ammons presented a proposed referral to the Planning Board for a fifteen foot setback from the Great Smoky Mountain Park boundary line in Haywood County. Chairman Ammons explained that he spoke to the representative at the Great Smoky Mountain headquarters in Gatlinburg, Tennessee, no other county has required a setback from the boundary line, neither in North Carolina or Tennessee. Chairman Ammons explained that his proposal includes there be no further development permitted in the fifteen foot setback area. Mowing, grazing livestock, harvesting hay, tree and shrub trimming, and tree harvesting (cutting down trees) would be permitted activities in the setback area. No grading, road building or structures would be permitted. Wire fences would be permitted in the setback area. A fifteen foot setback from every boundary on all other property that does not have existing restrictive covenants would be included. Chairman Ammons proposed to refer to the Planning Board to study this concept and prepare a report and means of accomplishing incorporation into the existing Haywood County rules and ordinances.

Commissioner Upton made a motion to refer this to the Planning Board to bring something back to the Board of County Commissioners in final form. Commissioner Curtis seconded and the motion carried unanimously.

Mountain Research Station Funding 

David Cotton, County Manager, explained that Bill Teague, Superintendent for the Mountain Research Station, has requested that Haywood County help fund the centennial celebration of the Mountain Research Station with a focus on agriculture. This event is a joint venture with the North Carolina Department of Agriculture and Consumer Services and North Carolina State University. The 100th year anniversary event will be held at the Mountain Research Station, in conjunction with Haywood County’s bicentennial celebration, August 14th, 2008, beginning at 2:30 pm. The request is for $1,000. Commissioner Enloe stated there is money budgeted for Haywood County’s bicentennial celebration. Because there have been months when some money budgeted was left over, Commissioner Enloe offered to take money out of the account for the bicentennial celebration and give $1,000 to the Mountain Research Station.  

Commissioner Enloe made a motion to give $1,000 and that the County supports the Mountain Research Station with their 100th anniversary and they are tying the event into Haywood County’s 200th anniversary and it does certainly point to agriculture’s importance in the history of Haywood County. Commissioner Upton seconded and the motion carried unanimously.

Medical Director for Emergency Medical Services (EMS)         

David Cotton, County Manager, presented the North Carolina College of Emergency Physicians standards for the selection and performance of Emergency Medical Services (EMS) Medical Directors, a description with a list of qualifications for the Haywood County Medical Director, and an EMS Medical Director agreement. Haywood County presently has a vacancy for the position of EMS Medical Director. This position was advertised. Two applications were received from Dr. Edmond Welsh and Dr. Ryan Davis. After discussion the Board agreed to schedule the interviews for Thursday, July 24th, after the public hearing, at the High Technology Center, at Haywood Community College.

Schools - Budget Amendments

Julie Davis, Finance Director presented a request from schools to use North Carolina Department of Transportation and Clean Water Development - $54,498

To appropriate the additional intergovernmental revenue from the state to cover some additional costs of the site development at the Bethel Elementary School.

Commissioner Upton made a motion to approve the request from the schools to use this DOT and Clean Water money for these purposes. Commissioner Enloe seconded and the motion carried unanimously.

Julie Davis, Finance Director presented a request from schools to use interest earned on bonds to reimburse the County for prior year furniture expense - $324,775.

To appropriate the interest earning on the bond proceeds to cover the furniture for Bethel School that was purchased in the prior year by the county’s capital outlay appropriation to the schools. The amount of the bonds was not originally expected to cover the cost of the furniture.

Commissioner Enloe made a motion to approve the request for the school to transfer this money and to increase their capital outlay fund from $600,000 to $924,775. Commissioner Upton seconded and the motion carried unanimously.

North Carolina Association of County Commissioners (NCACC) Voting Delegate

David Cotton, County Manager, explained that each county has been asked to designate a voting delegate who will represent the county and cast its vote during the annual business session, of the NCACC conference. The business session will be held Saturday, August 23, 2008. Commissioner Enloe will be attending the conference in New Bern, North Carolina.

Commissioner Upton made a motion to designate Commissioner Enloe as our voting delegate. Commissioner Curtis seconded and the motion carried unanimously.

CLOSED SESSION

Commissioner Curtis made a motion to enter into closed session for the purpose of        Potential Litigation – G.S. §143-318.11.(a)(3) related to contractual issues associated with the historic courthouse. Commissioner Upton seconded and the motion carried unanimously.

Return from Closed Session

The Board returned from closed session.

Commissioner Curtis made a motion that the County allow the Surety Fidelity and Deposit Company of Maryland to complete the project pursuant to an agreement to be finalized by the County Attorney with the Surety, and brought back to the Board for final approval of the agreement. Commissioner Upton seconded. Commissioner Enloe stated that due to discussion during closed session, she will vote against the motion. Chairman Ammons explained that in government, accepting the lowest bid is required. For the renovation project of the historic courthouse, the Board accepted the lowest bid and required a Surety bond. Now that the Board is moving forward, the Board will call on the Surety company to complete this project. Chairman Ammons stated that he will support this motion.

Commissioner Curtis stated that the motion is a beginning point in order to move forward with the renovation project. The agreement will be drawn up so that the Board can review it and possibly approve it. Commissioner Curtis stated that the motion will allow the Surety to complete the project based on the agreement drawn up by the attorneys. Commissioner Upton expressed his support of the motion. After discussions during closed session, Commissioner Upton stated that he feels this is the best decision in regards to the renovation project. 

The motion carried three to one with Commissioner Enloe opposing.

CLOSING COMMENTS

David Cotton, County Manager, stated that a Public Hearing will be held Thursday, July 24th, 2008, at the High Technology Center, at Haywood Community College, for the Fire Service Districts. 

Mr. Cotton shared that his office has received from the Department of Revenue a letter of acceptance of the election results and a certified true copy of the resolution passed by the Commissioners at the last regular Board meeting, July 7th, 2008, putting the State on notice for our request to levy the additional ¼ cent sales tax beginning October 1st, 2008.

Commissioner Enloe announced that August 9th, 2008, in the old lunch room of the Hazelwood School, Donald Davis, an international story teller, will be telling stories. Tickets will be available Wednesday, July 23rd, at the Haywood County Library and at the Administrative Offices. The bicentennial event begins at 7:00 pm. The tickets are free. Because there are only 400 seats available, tickets are required. On August 14th, 2008, the Mountain Area Research Station will celebrate their 100th anniversary. Commissioner Enloe stated that several bicentennial events will be held in August. More information on these events is available on the Haywood County website, www.haywoodnc.net. Citizens may also contact Commissioner Enloe at 828-452-4896.

 

ADJOURNMENT

Commissioner Curtis made a motion to adjourn the meeting. Commissioner Upton seconded and the motion carried unanimously. The time of adjournment was 9:00 pm. The DVD is attached by reference to the minutes.

                                                                                                                                                   David B. Cotton                                                      Larry Ammons
CLERK                                                                 CHAIRMAN